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Delhi Court March 2014 Judgments

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Mar 24 2014

Komal JaIn Vs. Union of India and anr.

Court: Delhi

Decided on: Mar-24-2014

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:24. 03.2014 + W.P. (C) 210/2014 CM APPL.388/2014 KOMAL JAIN ..... Petitioner Through: Mr. C. Hari Shankar with Mr. S. Sunil, Advocates. versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Sachin Datta, CGSC with Ms. Niti Arora, Advocate and Mr. Gopaljee, Sr. Intelligence Officer, DRI. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. This writ petition concerns the manner of application of Section 127B of the Customs Act, 1962 (the Act). The petitioner, was served a show cause notice dated 6th September, 2013, under Section 124 of the Act which alleged that he admitted to smuggling, into India, 36565.33 grams of gold jewellery and coins (the articles) valued at Rs.9,79,77,154/- and involving customs duty at the applicable baggage rate of 36.50%, which had, consequently, become liable to confiscation under Clause (d), (i), G), (1) and (m) of Section 1...


Mar 21 2014

Bharat Glass and Plywood Co. Vs. Sushan Pal Soni

Court: Delhi

Decided on: Mar-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: March 21, 2014 RC. Rev. No.46/2013 & C.M. No.11083/2013 BHARAT GLASS AND PLYWOOD CO ..... Petitioner Through Mr.V.B.Andley, Sr.Adv. with Mr.Priyank Sharma & Mr.K.C.Baliar Singh, Advs. versus SUSHAN PAL SONI Through ..... Respondent Mr.Kailash Vasdev, Sr.Adv. with Mr.Amit Bhatia, Mr.Shreyans & Ms.Joanne Pudussery, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner by way of the present petition under Section 25B(8) of Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) has assailed the order dated 24th November, 2012 passed by Additional Rent Controller, Rohini, Delhi.2. Brief facts of the case are that the respondent filed an eviction petition against the petitioner on the ground of bonafide requirement under Section in respect of Shop No.5 and 6, on the ground floor in the property bearing No.11, Block A, Rajouri Garden, New Delhi-110027 (hereinafter referred to as ...


Mar 21 2014

The New India Assurance Company Ltd. Vs. Kishan Singh Chauhan

Court: Delhi

Decided on: Mar-21-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. March, 2014 MAC.APP. No.995/2011 & CM No.20464/2011 THE NEW INDIA ASSURANCE COMPANY LTD. ..... Appellants Represented by: Mr.K.K.Bhat, Advocate. Versus KISHAN SINGH CHAUHAN Represented by: ..... Respondents Ms. Deepa Rai, Amicus Curiae for Respondent Nos. 5 to 7. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.MAC.APP. No.995/2011 1. The instant appeal is directed against the impugned award dated 30.08.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.6,64,296/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.2. Admittedly, recovery rights have been granted in favour of the appellant and against the respondent Nos. 5 and 6, i.e., driver and owner of the offending vehicle.3. The case of the appellant herein is that the cover note of the offending vehicle in question was forged one, thus, the offending vehicle ...


Mar 21 2014

Dharambir Singh Vs. Union of India and ors.

Court: Delhi

Decided on: Mar-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 26,2014 Judgment Delivered on : March 21, 2014 + W.P.(C) 2402/2003 DHARAMBIR SINGH Represented by: ..... Petitioner Mr.Bhawani Shankar Sharma, Advocate versus UNION OF INDIA & ORS. Represented by: ..... Respondents Ms.Anjana Gosain, CGSC with Mr.Pradeep Desodya, Advocate for the respondents. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Writ petitioner challenges the order dated May 14, 2000, holding the petitioner guilty of the charges framed against him and inflicting punishment of dismissal from service. Statutory appeal and thereafter the revision filed were rejected vide orders dated February 06, 2002 and May 21, 2002 respectively. The same have also been challenged.2. The petitioner was enrolled as a Lance Naik in the BSF and was attached to the 192nd Battalion. On February 19, 2000 the petitioner was detailed at Naka Point No.1, near BOP Gadra.3. An ...


Mar 21 2014

Prakash Mali @ Dabbi Vs. State of Delhi

Court: Delhi

Decided on: Mar-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21. 03.2014 + CRL.A. 43/2010 PRAKASH MALI @ DABBI ..... Appellant Through: Mr. Sushil Ahuja, Adv. versus STATE OF DELHI ..... Respondent Through: Mr Feroz Khan Ghazi, APP CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.On 23.11.2004, at about 11.45 PM, Duty Constable Rajinder informed Police Station Patel Nagar on telephone that Sushil Chand, resident of Z-19, West Patel Nagar, Delhi had been brought by his wife to the hospital, after he had been injured in a quarrel. The information was recorded vide DD No.67B and the copy of the said DD was given to ASI Kanhiya Lal for investigation. The aforesaid police officer reached house No.Z-18, West Patel Nagar, where Head Constable Karan Singh was present. No eyewitness met him on the spot. He then went to RML Hospital, where Sushil Chand was found admitted. He was not fit for statement. His wife Smt. Kamlesh, however, was present there. Her statement was recorded by the p...


Mar 21 2014

Shri Amarjeet Athotra and anr. Vs. Shri Maninder Singh and anr.

Court: Delhi

Decided on: Mar-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: March 21, 2014 CM(M) No.691/2013 & C.M. No.10403/2013 SHRI AMARJEET ATHOTRA & ANR ..... Petitioners Through Mr.J.C.Mahindro, Adv. versus SHRI MANINDER SINGH & ANR ..... Respondents Through Mr.M.L.Mahajan, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of the present petition under Article 227 of the Constitution of India, the petitioners have assailed judgment dated 1st May, 2013 passed by learned Appellate Court in an appeal filed by the petitioners against the eviction order dated 22nd January, 2013 in respect of two shops on the ground floor of property No.837/1 Janpura Road, Bhogal, New Delhi (hereinafter referred to as the tenanted premises) 2. Brief facts are that the respondents filed an application for eviction on 10th December, 2003 of the shops occupied by the petitioners in respect of the tenanted premises under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (in short, cal...


Mar 21 2014

Hari Shankar Sharma Vs. Central Bureau of Investigation

Court: Delhi

Decided on: Mar-21-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: March 19, 2014 Decision on: March 21, 2014 CRL.A. No.48 of 2008 HARI SHANKAR SHARMA ..... Appellant Through: Mr. Sachin Chopra, Mr. Kamal Bansal and Mr. Sidhant, Advocates. versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Manoj Ohri, Special Public Prosecutor. CORAM: JUSTICE S. MURALIDHAR J UDGMENT2103.2014 1. This appeal is directed against the judgment dated 1st November 2007 passed by the Special Judge in CC No.59/02 convicting the Appellant for the offences under Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (PC Act) and the order on sentence dated 6th November 2007 sentencing the Appellant to undergo rigorous imprisonment (RI) for two years and to pay a fine of Rs. 25,000 and in default, to undergo simple imprisonment (SI) for six months for the offence under Section 7 of the PC Act and to undergo RI for four years and to pay a fine of Rs. 50,000 and in default, to undergo S...


Mar 21 2014

Mind Gym Ltd. Vs. Mindgym Kids Library Pvt. Ltd.

Court: Delhi

Decided on: Mar-21-2014

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on :March 21, 2014 I.A. No.8856/2013 & I.A. No.13853/2013 in CS(OS) 1029/2013 MIND GYM LTD Through ..... Plaintiff Mr.Shantanu Sood, Adv. with Mr.Vaibhav Vutts & Ms.Aamna Hasan, Advs. versus MINDGYM KIDS LIBRARY PVT LTD ..... Defendant Through Mr.R.K.Aggarwal, Adv. with Ms.Parul Singh, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present suit has been filed by the plaintiff for permanent injunction restraining infringement of trade mark, passing off, unfair competition, delivery up, recovery of damages etc. against the defendant. Alongwith the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 being I.A.No.8856/2013.2. The suit alongwith said interim application was listed before court on 24th May, 2013. After hearing, detailed ex-parte order was passed against the defendant restraining it from infringing and/or passing off the plaintiffs rights by using the trade mark MINDGYM ...


Mar 21 2014

M I HussaIn and anr. Vs. Director of Education and anr.

Court: Delhi

Decided on: Mar-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 13, 2014 Judgment Pronounced on : March 21, 2014 + LPA5922013 M I HUSSAIN & ANR. .....Appellants Represented by: Mr.Rakesh Tiku, Sr.Advocate instructed by Mr.Nitin Sharma, Mr.Ankit Goel and Ms.Jayati Dutta, Advocates versus DIRECTOR OF EDUCATION & ANR. Represented by: .....Respondents Mr.Nishant Anand, Advocate for Ms.Raavi Birbal, Advocate for R-1 Ms.Indrani Ghosh, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. On July 02, 1985 the respondent No.2, who was the writ petitioner, was offered appointment to the post of Grade V Senior/Junior School Library as per the terms contained in the letter of appointment, relevant part whereof reads as under:- To Mrs.Nutan Gulati C-588, Defence Colony, New Delhi 110024. Sub: Terms and Conditions of appointment. Dear Sir/Madam, This has reference to your application dated 17-6-85 and the subsequent intervi...


Mar 21 2014

S K Srivastava Vs. Union of India and ors

Court: Delhi

Decided on: Mar-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: March 21, 2014 + W.P.(CRL) 552/2014 & CRL.M.A. No.4413/2014 S K SRIVASTAVA ..... Petitioner Through: Mr. Roy Chaudhary, Sr. Adv. with Mr. H.P. Singh, Adv. versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Himanshu Bajaj, Central Govt. Standing Counsel with Ms. Saakshi Agrawal, Adv. for R-1 & 2. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.1. This is a petition under Article 226 & 227 of the Constitution of India read with section 482 Cr.P.C wherein prayer is made for quashing the order dated 31.10.2011 passed by the ld.Attorney General for India declining to grant consent under section 15 of the Contempt of Court Act, 1971 (hereinafter referred to as the Act) for initiation of criminal contempt proceedings against the three alleged contemnors, namely, Sh.B.K.Jha, Smt.Sumana Sen and Ms.Ashima Neb.2. Petitioner is an IRS officer of 1987 Batch. Petitioner has alleged that on 14.7.2011, he was wrongly transferr...


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